Research On Lawyer Mediation

The Fourth Plenary Session of the 18 th CPC Central Committee proposed that one of the tasks of comprehensively administering the country according to law is the construction of a rule of law team.As an important part of the rule of law work team in China,lawyers play an active role in resolving social disputes.With the rapid development of China's social economy and the increasingly frequent civil and commercial transactions,the civil and commercial litigation cases have a geometric growth trend.The traditional dispute resolution method can no longer meet the needs of the market transaction model,and the new civil dispute resolution method,that is,lawyer mediation came into being.This paper will explain the feasibility and social value of lawyers' mediation in China by expounding the construction background and theoretical basis of lawyer mediation,and using the combination of theory and practice to find out the problems and deficiencies in our social practice.On the basis of this,the relevant perfect programs and specific measures are proposed,with a view to the maturity and improvement of lawyers' mediation in the development of the rule of law in China.In addition to the introduction,this article consists of three parts,the main contents are as follows:The first part,the connotation and attributes of lawyers' mediation.Through the analysis of the connotation of the lawyer industry and mediation,the author introduces the connotation of lawyer mediation.The lawyer's mediation in this paper refers to the lawyer as the main body of neutral third-party mediation.It relies on the four basic models,accepts the entrustment of the parties or the court's entrustment,and on the basis of guaranteeing the maximum participation of the parties,negotiates the dispute to reach a mediation agreement.In order to achieve dispute resolution activities.In the attribute identification,lawyer mediation is different from court mediation and administrative mediation,but it is a kind of civil mediation.The second part is the practice status of lawyers' mediation in China.It mainly includes the following aspects: First,the development process of lawyers' mediation in China,mainly on the practical exploration and indication of the institutionalization of lawyers' mediation;secondly,it focuses on the four basic modes of applying lawyers' mediation in the pilot areas of China,namely,the people.The lawyer's mediation studio set up by the court,the lawyer mediation studio set up in the public legal service center,the lawyer mediation center established in the lawyers association,and the lawyer mediation studio established in the law firm.Third,the four basic types of lawyer mediation.The model outlines the general basic elements of the lawyer's mediation process,including: the type and scope of the case,the initiation of the mediation process,the choice of the mediator,the mediation period of the case,the content and results of the mediation,and the realization of the mediation agreement;The value and advantages of lawyers' mediation mainly introduce the value of professionalism,autonomy and social efficiency of lawyers' mediation,as well as the advantages of lawyers' mediation and other dispute resolution methods,and the development of lawyers.Fifth,lawyers The effectiveness of mediation in the pilot area.Through the analysis of social practice data and typical cases of lawyers' mediation success,we demonstrate the staged achievements of lawyers' mediation in practice.The third part is the perfect measures for the mediation of lawyers in China.On the basis of comprehensively reviewing the research results in the same or similar fields,the author puts forward some suggestions for the lawyers to mediate the existing problems in combination with the practice status of lawyers' mediation: First,improve the legal norms of lawyers' mediation.Legal norms are the legal guarantee for the operation of a system and the key to dealing with other issues.Second,the qualifications and training of lawyers' mediators are regulated.The achievement of the lawyer's mediation agreement depends to a large extent on the professional quality of the lawyer's mediator.Through the training of the lawyer's mediator,the agreement between the parties can be promoted with high efficiency.Third,the value incentive mechanism of the lawyer's mediation is improved.Advocate lawyers to mediate marketization,strengthen material security and spiritual concerns and satisfaction;Fourth,improve the judicial confirmation procedures for lawyers' mediation agreements,and give partial mediation cases judicial effect.Fifth,link lawyers to mediation agreements and supervision procedures.In the case that the parties do not perform or do not fully fulfill the content of the mediation agreement,the agreement that has been confirmed by both parties and does not violate the voluntary legal principle can be achieved by applying for a payment order.The author puts forward suggestions for the above problems and expects that lawyers' mediation can play an active role in social practice.